Bill Text: TX HB219 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the provision of certain public benefits and services to persons not lawfully present in the United States and reimbursement from the federal government for those benefits and services.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-02-07 - Referred to State Affairs [HB219 Detail]

Download: Texas-2013-HB219-Introduced.html
  83R1270 KKR-D
 
  By: White H.B. No. 219
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of certain public benefits and services
  to persons not lawfully present in the United States and
  reimbursement from the federal government for those benefits and
  services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 10, Government Code, is amended by adding
  Subtitle H to read as follows:
  SUBTITLE H. PROVISION OF PUBLIC BENEFITS AND SERVICES BY STATE AND
  LOCAL GOVERNMENTS
  CHAPTER 2351. PROVISION OF PUBLIC BENEFITS AND SERVICES TO PERSONS
  NOT LAWFULLY PRESENT IN THE UNITED STATES
         Sec. 2351.001.  DEFINITION. In this chapter, "governmental
  entity" means an agency of this state or of a political subdivision
  of this state.
         Sec. 2351.002.  PROVISION OF CERTAIN BENEFITS AND SERVICES
  PROHIBITED. A governmental entity may not provide education or
  health benefits or services at no cost to a person who is not
  lawfully present in the United States, unless required by federal
  law. Benefits and services that may not be provided include:
               (1)  public education;
               (2)  health care assistance under Chapter 61, Health
  and Safety Code; and
               (3)  medical assistance under Chapter 32, Human
  Resources Code.
         Sec. 2351.003.  COST OF BENEFITS AND SERVICES PROVIDED. Not
  later than December 31 of each year, the comptroller shall
  determine the total amount spent during the previous state fiscal
  year by all governmental entities to provide to persons not
  lawfully present in the United States education and health benefits
  and services required by federal law. The comptroller shall obtain
  this information from the Health and Human Services Commission, the
  Department of State Health Services, the Texas Education Agency,
  school districts, counties, hospital districts, and other relevant
  governmental entities. Information sought by the comptroller under
  this section may not:
               (1)  contain personally identifiable information; or
               (2)  violate any federal or state laws, including
  rules, regarding privacy.
         Sec. 2351.004.  REQUEST FOR REIMBURSEMENT. Not later than
  March 31 of each year, based on the information obtained under
  Section 2351.003, the comptroller shall make a written request to
  the United States Congress for reimbursement of the cost of
  providing to persons not lawfully present in the United States
  education and health benefits and services required by federal law
  during the previous state fiscal year.
         Sec. 2351.005.  RULEMAKING AUTHORITY. The comptroller may
  adopt rules as necessary to implement this chapter.
         SECTION 2.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 3.  This Act takes effect September 1, 2013.
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